Decision record
David Andrew Gatherer
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number8973/2004
Date01/01/2004
OutcomeStrike off
Allegation / charges
Breaches, Client Money, Criminal Convictions, Failures, Solicitors' Accounts Rules, Others
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
Dishonesty foundYes
The Tribunal proceeded only on allegation (xii), the Respondent's conviction for conspiracy to defraud (cheating Mrs F of £4,500), for which he was sentenced to 18 months imprisonment; the remaining allegations were left to lie on file by agreement. The Respondent did not attend. Finding that a conviction for a dishonest criminal offence is incompatible with the integrity required of solicitors, the Tribunal struck him off the Roll and ordered him to pay costs including those of the Investigation Accountant, subject to detailed assessment.
Aggravating factors:
- Criminal offence involving dishonesty
- Abused position of trust as a solicitor and estate agent
- Provided money for a fraudulent purchase and covered up the fraud by permitting use of a false identity
- Removed material from files to conceal deception
- Custodial sentence imposed
Mitigating factors:
- Expressed remorse and apology
- Claimed cooperation with the intervention
- Long career (20 years) with client and colleague support